WAYMARKER MANAGEMENT (SILVER CREEK) INC v TIBU

The Appellant and the Respondents were involved in a dispute which resulted in a Restraining Order against the Appellant. The Trial Judge awarded Costs to the Respondents, despite the fact that the Respondents’ counsel at Trial was also the Respondent Company’s sole director and majority shareholder. On Appeal, the Appellant argued that Costs should not have been awarded in counsel’s own cause. However, the Court of Appeal rejected this argument, holding that the Trial Judge had broad discretion to award Costs pursuant to Rule 10.31(5). The Appeal against the Costs award was dismissed accordingly.